New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Where the Board is satisfied that any private land, or land held under Crown lease, ought to be established or maintained as open space, and that such purpose can be achieved without the Trust acquiring the ownership of the land or, as the case may be, the lessee's interest in the land, the Board may treat and agree with the owner or lessee of the land for the execution by the owner or lessee in favour of the Trust of an open space covenant on such terms and conditions as the Board and the owner or lessee may agree.
(2) In the case of any private land, where the person with whom the Board is treating is an owner by virtue of being a lessee of the land, the consent of the lessor (and, if the land is Maori land, of the Registrar of the Maori Land Court) shall be required to the execution of the covenant, and any such consent may be given subject to the inclusion in the open space covenant of any conditions that the person giving his consent thinks necessary.
(3) In the case of a Crown lease, the consent of the person or authority charged with the administration of the land shall be required to the execution of a covenant; and that person or authority may consent subject to the inclusion of any conditions in the open space covenant, and may agree to a reduction in rent if, having regard to the basis for fixing the rent, it appears fair and equitable to do so.
(4) The effect of an open space covenant shall be to require the land to which it applies to be maintained as open space in accordance with the terms of the covenant and, subject always to those terms, in accordance with the other provisions of this Act relating to land to which open space covenants apply.
(5) An open space covenant may be executed to have effect in perpetuity or for a specified term, according to the nature of the interest in land to which it applies and the terms and conditions of the agreement between the Trust and the owner.
(6) Notwithstanding any rule of law or equity to the contrary, every open space covenant shall run with and bind the land that is subject to the burden of the covenant, and shall be deemed to be an interest in the land for the purposes of the Land Transfer Act 1952.
(7) The District Land Registrar for the land registration district in which the land is situated shall on the application of the Board enter in the appropriate folium of the register relating to the land that is subject to the burden of the covenant a notification of the covenant.
(8) Where the burden of the covenant applies to land comprising part of the land in a certificate or instrument of title, the District Land Registrar may require the deposit of a plan in accordance with section 167 of the Land Transfer Act 1952; or, in lieu of such a plan, the District Land Registrar may accept a document incorporating the covenant, so long as the document is accompanied by a certificate given by the Surveyor-General, or the Chief Surveyor of the land district in which the land is situated, to the effect that the covenant is adequately described and properly defined—
(a) For the nature of the covenant; and
(b) In relation to existing surveys made in accordance with regulations for the time being in force for the purpose; and
(c) In accordance with standards agreed from time to time by the Board and either the Surveyor-General or the Chief Surveyor, as the case may be.
The original subsection (3) was substituted, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65).
Subsection (3) was further substituted, as from 12 June 1991, by section 13 Queen Elizabeth the Second National Trust Amendment Act 1991 (1991 No 37).
Subsection (8) was substituted, as from 13 March 1996, by section 2 Queen Elizabeth the Second National Trust Amendment Act 1995 (1995 No 5).